Mchunu's lawyers tell cops to 'back off'

Suspended police minister Senzo Mchunu has fired off a legal letter to the police investigating allegations of fraud, corruption and defeating the ends of justice, accusing them of intimidation.

Mchunu's missive came a day after police, seeking to execute a search and seizure warrant for his electronic devices, were turned away by their colleagues guarding the minster's residence on Thursday - the same day police carried out a similar raid on deputy national commissioner Maj-Gen Shadrack Sibiya at his home.

The letter - penned by Mchunu's lawyer, Sandile July of Werkmans Attorneys - was addressed to national commissioner Gen Fannie Masemola, and included a demand for a copy of the warrant by 10am on Friday.

It states: "During your testimony at the ad-hoc committee today, you confirmed knowledge of the operation that is being conducted by the said members of KwaZulu-Natal police.

"Our client seeks an undertaking from you and your members that you will cease and desist your campaign of intimidation and defamation against him. In the circumstances, we are instructed to demand, as we hereby do, that you furnish us with the copy of the search and seizure warrant in order to challenge its validity in a competent forum."

While Mchunu has maintained his silence on mounting allegations against him, and on his alleged relationship with attempted murder accused Vusumuzi "Cat" Matala, the letter was the strongest indication yet of his intention to mount a fight back.

Yesterday he refused to comment - or confirm whether the threat of urgent legal action would be followed through - saying he preferred not to muddy waters with a public comment.

Police spokesperson Brig Athlenda Mathe said: "The SAPS cannot discuss an ongoing investigation in the public domain, only in court."

This week's raids relate to an enquiry docket that was opened by KwaZulu-Natal police on July 7, a day after provincial police commissioner Lt-Gen Nhlanhla Mkhwanazi's now-famous press conference during which he made startling claims about meddling at the highest echelons of South Africa's security apparatus to protect crime syndicates that are operating in the country.

At the centre of the search-and-seizure operations is a text conversation between Matlala and the connected ANC middleman Brown Mogotsi, hours after police minister Senzo Mchunu issued a directive to shut down a police task team investigating political killings.

The conversation, which allegedly took place on January 1 this year - a day after Mchunu wrote to Masemola instructing that the KwaZulu-Natal-based political killings task team (PKTT) be disbanded - was recovered on one of two devices owned by Matlala, Brig William Kunene said in an affidavit that forms part of the case docket. Kunene is the head of KwaZulu-Natal's serious and violent crimes investigation unit.

Mchunu's instruction - and discovery of the text conversations in Matlala's devices - gave rise to claims by Mkhwanazi, during his press conference, that the unit was disbanded to protect Matlala from investigations around the attempted murder of his ex-girlfriend.

According to Kunene, members of the PKTT had been assisting Gauteng's organised crime unit in a separate investigation into a 2023 incident in which actress Tebogo Thobejane was shot at while driving home from a night out with friends. The investigation led the detectives to Matlala's residence, where they questioned him about his role in the shooting.

The visit to Matlala's house was on December 6 last year, about three weeks before Mchunu's December 31 directive to disband the PKTT.

The conversation between Mogotsi and Matlala that Kunene referenced in his affidavit took place the next day, and includes Mogotsi telling Matlala: "I have arranged a meeting for Sibiya and the minister, they must have a solution."

A further message read: "The task team that came to your house and harassed you have been dissolved, they got the letter on Monday. As we speak, they are bringing all dockets to Sibiya."

In his affidavit, Kunene said: "The reference to the task team harassing Matlala at his house pertains to the incident when the Gauteng police and the PKTT arrived at his residence and questioned him about a criminal investigation they were conducting on December 6, 2024.

"The evidence indicates that the disbandment of the PKTT was planned between December 6 and 31, 2024. Sibiya, Matlala, Mogotsi and Mchunu set in motion the disbandment and disestablishment of the PKTT. My investigation thus far points to the unlawful disbandment and disestablishment of the PKTT for unlawful criminal purposes and not for rational operational reasons."

Kunene's statement was commissioned in August this year as part of an enquiry docket into Mkhwanazi's complaint a day after this press conference.

Thursday's search and seizure raid at Sibiya's home was conducted by five officers from the KwaZulu-Natal police's serious and violent crime investigations unit under Kunene's command, a copy of the warrant shows.

The enquiry relates to a complaint by Mkhwanazi in relation to the disbandment of the PKTT. The investigation will be joined to two other dockets, opened in Cape Town by two MPs: Lisa-Maré Schikerling of the DA and David Skosana of the MK Party.

    Sibiya is expected to appear before parliament's ad-hoc committee on Monday and Tuesday, while Mchunu is meant to appear from Thursday

Schikerling's complaint relates to Mchunu misleading parliamentarians when on March 5, appearing before parliament's police portfolio committee, he denied knowing Mogotsi, while Skosana's complaints relates to the disbanding of the PKTT.

The affidavit was deposed by Kunene in August as part of an application for access to Matlala's two iPhones to conduct forensic analysis as part of Mkhwanazi's complaint.

Sibiya, along with Mchunu, Matlala and fixer Mogotsi, is being investigated for various offences, including defeating the ends of justice, fraud, corruption and contravention of the Powers, Privileges and Immunities of Parliaments and Provincial Legislatures Act of 2004.

"Matlala's phones were used to communicate with his co-perpetrators the plan to disband and disestablish the PKTT. The articles [and] data on the cellphones sets out the plan in the disbandment of the PKTT and the delivery of all its dockets to the police national headquarters, Pretoria," Kunene said.

He further alleged that Sibiya - without authority and against instruction from Masemola to stay out the implementation of the disbandment instruction - directed that the task team be immediately deactivated and all dockets under it be delivered to his office within seven days.

Kunene also alleged that Matlala, with Mogotsi's facilitation, had funded Mchunu's internal ANC campaigns, including funding expenses for Mchunu's political allies to this year's ANC January 8 celebrations.

Previously, the Sunday Times had reported that Masemola's staff officer, Brig GH Lethoko, had sent an e-mail to Sibiya on January 3, asking him to implement Mchunu's instructions.

Following the instruction from Masemola's office, Sibiya told his deputy, Lt-Gen Hilda Senthumule Khumalo, on January 17: "The minister of police issued a directive to the national commissioner to immediately deactivate and disband the [task team]. This decision was informed by an assessment that the task team no longer significantly contributed to policing efforts … These measures must ensure that ongoing investigations are not disrupted or compromised."

According to Kunene's affidavit, his plan was rejected by Masemola, who advised him to stay out of it.

The Sunday Times also previously reported that Mchunu's decision to scrap the task team was triggered by a complaint to parliament's police portfolio committee by activist Mary de Haas.

Speaking outside his home in Centurion immediately after the search and seizure, Sibiya said: "This search today is meant to disrupt me. I am not listening to what the commissioner [Masemola at the ad hoc committee] is saying the whole day. I am not there to take notes, I am not concentrating. As you can see, the whole exercise is meant to confuse me, to keep me under pressure."

Sibiya described the ordeal as traumatic.

A copy of the search and seizure order granted by the Johannesburg high court on Wednesday allowed for the seizure of mobile cellular devices, sim cards, memory sticks, SD cards, external hard drives, tablet computers, desktop computers, laptops and data or data messages of any e-mail server that may contain Sibiya's e-mails under his e-mail address.

While police were executing their search and seizure at Sibiya's home on Thursday, Mchunu's chief of staff Cedrick Nkabinde held a media briefing in Sandton, where he claimed his own flat had been ransacked by police wearing balaclavas. He claimed the policemen assaulted and intimidated his brother, who was allegedly initially mistaken for him. He also said Mkhwanazi was once his close friend who partied with him and often visited him.

"The very same Gen Mkhwanazi was a very close friend of mine, we partied together. He would come to my house, I would go to his house ... he knew where I was working and he used to come to my workplace," Nkabinde said.

Sibiya is expected to appear before parliament's ad-hoc committee on Monday and Tuesday, while Mchunu is meant to appear from Thursday.